Best Interests of the Foster Parent

 

 

This post is from Sarah Cox, Regent Law 2L & current Family Law student:

 

          By enacting M.G.L. c.119, §23C, Massachusetts seems to have recognized that it is in the best interests of its foster children to recognize the best interests of foster parents.

          Although not alone, the Commonwealth is facing a severe shortage of foster parents. Consequently, the Department of Children and Families (DCF) is greatly overburdened and the foster children in its care are suffering the consequences. Foster homes are overcrowded, communications between foster parents and the DCF are spotty, and some foster children are being left in unfit conditions.[1] This is all contrary to the DCF’s mission of protecting children from abuse and neglect.[2]

          The COVID-19 pandemic exacerbated the foster system’s deficiencies by forcing children to remain in their homes 24/7. Foster parents were forced into caring for children in unpredictable and severe conditions; they didn’t have any choice but to take on much more responsibility than was anticipated.[3] The COVID lock-down exposed the reality that foster parents have unique insight into what is in the best interests of the child regarding placement and permanency.[4] The legislature got the message loud and clear – foster parents play an essential role in ensuring the health, safety, and well-being of foster children!

Communication between foster parents and the DCF is critical to ensuring that the child receives the best outcome. This is clearly evinced by the case of Harmony Montgomery, a child who unexplainably went missing after the DCF placed her in the care of her father.[5]

          In 2022, the legislature recognized these issues and passed what is known as the “Foster Parents’ Bill of Rights.”[6] This law, effective as of April 5, 2023, directs the DCF to create a bill of rights that will guarantee the rights of foster parents. While the DCF has the authority to create and list whatever rights it deems appropriate, the legislature established minimum guidelines for the rights that must be included in the finished product. These guidelines include everything from anti-discrimination protection to the procedural rights of foster parents.[7] By codifying that foster parents “shall be treated with dignity, respect, privacy and consideration,” the Commonwealth is beginning to restore the broken relationship between foster parents and the DCF and, hopefully, there will be an influx of new foster parents in Massachusetts.[8]

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[1] https://www.metrowestdailynews.com/story/news/state/2022/12/29/ma-child-welfare-system-still-troubled-by-staffing-shortages/69758922007/
[2] https://www.mass.gov/orgs/massachusetts-department-of-children-families
[3] https://www.childrensleague.org/foster-parent-bill-of-rights-passes-in-the-senate/
[4] Id.
[5] https://www.mass.gov/news/oca-releases-investigation-report-on-case-of-harmony-montgomery
[6] M.G.L. c.119, §23C
[7] M.G.L. c.119, §23C(b)
[8] M.G.L. c.119, §23C(b)(i)